Explain the difference between the pre-Enlightenment and Enlightenment concept of law as discussed by Professor Berman in Chapter 8.
Explain why Professor Berman asserts that the radical separation of law and religion in the twentieth century American thought creates a serious danger that the law will not be respected.
The older conception of consideration as a purpose or motive for a promise gave way to a conception of consideration as the price paid by the promise for the promise of the promisor. That change raised what question concerning consideration.
Explain why Professor Berman asserts in Chapter 8 that law needs to freely interact with religion so that law will not turn into legalism.
Professor Berman explains his concern with the radical separation of law and religion in contemporary America. Briefly explain why he believes this separation creates a danger for religion.
Profit-making in itself was condemned by the canon law as a proper basis to form a contract.
Rawls advocated for an interventionist State that would redistribute wealth.
Professor Bix asserts that justice is a subset of morality.
Classical natural law theory maintains that an there is an objective standard by which the legality of positive laws are to be judged.
What was Sophocles referring to when he referred to laws that have been around forever and unknown when to have originated?
In the context of discussing the social contract tradition in political theory, John Locke offered what idea concerning consent:
Positivists believe which of the following about the source of laws.
Which of the following best exemplifies what “natural law” theory refers to?
Professor Berman states that which of the following is the most important to secure obedience to the law:
Which of the following is one problem identified by Wesley Hohfeld in the discussion of “rights”?
According to Berman, how does utilitarianism describe what law is and on what it is based.
In chapter 11, Professor Berman discusses the debate between classical natural law theory and classical legal positivism. He explained that prior to the twentieth century, the conflict between the two schools turned on the question of the ultimate source and ultimate sanction of law. He states that in recent years the issue has been reduced to much narrower terms. What does he say contemporary legal theorists have divided over?
Who did Professor Berman identify in chapter 8 as the chief source on which individuals in American studied the law? And what did that individual say about the impact of the law of nature?
In chapter 8, Professor Bix defines “justice.” Given that he says justice “is a subset of morality,” from a biblical perspective explain how we should determine if something is achieving justice. The answer is not found in the textbook but, rather, requires application of a biblical worldview to this concept we learned.